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Employment Status While on WC
(08-27-2015, 10:57 PM)dolphins Wrote: I actually went down to the EOEH, and filed the suit myself. This is when I found out California is an "AT WILL STATE" What was explained to me, is, I can quit my job anytime I want, without telling the employer why. Can walk off the job if I want, with no explanation. Same is true for the employer. They can fire you for the length of your hair. For the clothes you wear. For whatever reason  they want.  Hence the term AT WILL.  You have to prove your employment rights were violated. Sexual harassment seems to be the one people seem to win on. And some discrimination cases, but for the most part, you are fighting un uphill battle. Try and get an attorney to take a wrongful termination case.

Remember,  I can only tell you what happened to me, and what I found out researching it, and talking with attorney's, while I was fighting the case. Which I lost.

As far as PQME vs PTP, after pqme issues his/her report. your att, or ptp has 15 days to object to said report, after that, you have accepted the report, and will play hell trying to get it changed now.

How do you think I have seen so many pqme's and ame's?

I would love to hear how many 1171 has seen.

CH, you know their are deadlines that must be followed. I'm a little surprised you would defer to 1171, when you know the answer. 15 days, to object. You know this.

Your just as smart as 1171, don't sell yourself short.

Thank you Dolphines, in my opinion 1171 has a lot more knowledge of this system than I do and why I asked the question.

It is unknown if this injured worker can return to work under the QME's restrictions as they may lead to further injury if they are not appropriate. My question was a hypothetical, if the injured worker wanted to return to work and believed he could do so under the restrictions of the QME apposed to his PTP. Applicant attorney's motives are not always in line with the best interests of the injured worker having a successful return to work. This is not all attorney's but enough for me to mention this. 

Again, I have seen injured workers in California an at will state have successful civil claims after not being accommodated, but this does not mean everyone has a case. It is very difficult to do with EEOC only and without an attorney.

Dolphines I think you have done a good job so far managing your claim and have a lot to offer other injured workers .
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
(08-27-2015, 08:15 PM)California_Help Wrote: I do want to ask 1171 a hypothetical question. If an injured worker is in the situation above, where QME and PTP differ on RTW restrictions, could the IW use the QME restrictions during the interactive process? I am just curious.

yes. in the case of dueling medical opinions ADA rules do not specify which opinion has to be used by either party.
I suspect the employer would use the QME and it would once again be a standoff.
if it were to be litigated, the worker may have difficulty explaining the use of contrary doctor opinions - one to try to return to their job and the other to justify being paid because they can't do their job.

that is not to say that at some point in the future, changes in their condition might allow a resumption of their prior job duties--once again subject to medical evidence.

this stuff is not easy. we all have to learn from each other and pass it on.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
(08-27-2015, 07:01 PM)kev_b Wrote:
(08-26-2015, 08:24 PM)neckpain101 Wrote: State is CA.

Just curious, if I am on WC, my employer cannot "fire" me, is that right? Now, even I am on P/S, my employer can't accommodate my work restrictions, does this mean I am no longer their employee? What is the best way to find out my employment status without contacting my employer?

Sorry if this is a dump question Smile


Did your employer ever say in writing that you were laid off or let go? If not then you are still an employee, just an inactive employee. You also should depending on your date of injury (before 2013) be eligible for an increase of 15% on your PPD if your employer cannot return you to work with restrictions.

I thank you all for your time replying to my questions.

I agreed kev_b, if they don't officially tell you in writing regarding your employment status, you are still their employee, only "inactive". And yes, they did increase my PD to 15%.
not sure there is much difference in being a former employee and being an inactive one.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
To my understanding, a former employee is a terminated employee, who is no longer on payroll., where an inactive employee is an employee who is still in payroll system and has some kind of leave of absence with or without pay depends on the employment law, ie military leave, maternity leave, church missionary leave, bereavement leave, family leave, injury leave, etc. I might be wrong.

Thank you!

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